Former SportPesa chairman Paul Ndung’u risks six months imprisonment for contempt.

High Court Judge Joseph Sergon had in April summoned Ndung’u to explain why he should not be committed to civil jail for publishing defamatory information about Pevans East Africa Limited, who are the proprietors of SportPesa despite a court order gagging him.

But on the day he was supposed to appear in court last month, the files went missing.

This forced the current SportPesa directors to extract fresh orders to compel Ndung’u to appear in court today to show why he should not be committed to civil jail for disobeying court orders.

“This is to give you notice that you are to appear before this court in chambers as shown in the course list of the day at 9am on May 29, 2023 in person or an advocate of the court or agent duly authorised and instructed to show cause, if any, why execution should not be granted,” court said.

Ndung’u had rushed to court to object to the new order compelling him to appear in court today in person or through his lawyer, arguing that that the notice to show cause given by the Deputy Registrar on May 22, 2023 is in gross abuse of the due process of the court.

He claimed it is designed to frustrate, scuttle the application for stay pending appeal he filed, which is scheduled for hearing today.

Personal liberty

He was objecting to the fact that he was served show cause notice without copying his lawyers yet its his personal liberty at risk, which means he should be served in person.

Developments are coming at a time Justice Sergon last year issued an order stopping Ndung’u from publishing or making any false allegations or defamatory statements against the SportPesa Brand and its directors or referring to them in a manner that destroys their reputation.

The company and its directors Ronald Karauri, Niokolov Guerassim and Gene Grand argued that despite the court order, Ndung’u on several occasions disregarded the court order and continued to republish defamatory statements and communications against the company and its directors.